Presentation: Outdoor Access & Natural Play, Growing Up Wild conference, November 2016

Outdoor Access for Natural Play: Your Rights and Responsibilities Alan Bannister Access Development Officer South Lanarkshire Council

• Where can we go?

• What can we do there?

• When can we do it?

Land Reform (Scotland) Act 2003 What is it and why does it exist?

What: establishes a statutory right of responsible access to most land and inland waters for: • outdoor recreation; • crossing land; • some educational and commercial purposes.

Why: to make it easier for people to enjoy the outdoors and know what they can and cannot do.

The Scottish Outdoor Access Code

‘The Code’ gives detailed guidance on your responsibilities when exercising access rights and if you are managing land and water.

‘The Code’ Three key principles for responsible access apply to both the public and land managers: • Respect the interests of other people: Be considerate, respect privacy and livelihoods, and the needs of those enjoying the outdoors.

• Care for the Environment: Look after the places you visit and enjoy. Care for wildlife and historic sites.

• Take responsibility for your own actions: The outdoors cannot be made risk-free for people exercising access rights; land managers should act with care for people’s safety.

Where can we go?

You can exercise your access rights, provided you do so responsibly, over most land and inland water in Scotland: Mountains, moorland, woodland, grassland, fields, paths and tracks, rivers and lochs, the coast and most parks and open spaces.

To the hills! But take sensible precautions

If you go down to the …woods you’ll find … a place for great adventures!

Dodging crocodiles…

Escaping bears…

Watery-worlds: rivers, streams and ponds‌

Beaches (and foreshore)

Farmland - fields

Farmland – livestock fields: avoid disturbing animals – especially if young present

Crop fields?

Margins are fine

Or recognised paths

Parks and other managed greenspaces

Golf courses (even Donald Trump’s!)

Windfarms

http://www.whiteleewindfarm.com/outdoor-pursuits

Underground

Ah kin see ma hoose fae up here!

Overground

Where can I not go?

• houses and gardens, non-residential buildings and associated land; • land on which crops are growing; • land next to a school and used by the school; • sports or playing fields when these are in use; • airfields, railways, telecomms sites, military sites, working quarries and construction sites; • visitor attractions or other places which charge for entry.

Property curtilage is an issue unless there is a recorded right of way

School grounds and sports pitches in use

Airfields and military bases

Places requiring entry fee

• Where can we go?

• What can we do there?

• When can we do it?

What activities can I do?

Recreational: pastimes, family and social activities, more active pursuits - horse riding, cycling, wild camping and taking part in events (relating to recreational activities)

Water-based activities

Canicross

Sledging

Skiing

Wild camping – lightweight, 2-3 nights max

Fires?

Small - Supervised - Remove all traces - Avoid in very dry conditions

You’ll have had yer tea!

When nature calls?!!!

That’s that question answered!

What the Code says: • If you need to urinate, do so at least 30m from open water or rivers and streams.

• If you need to defecate, do so as far away as possible from buildings, from open water or rivers and streams, and from any farm animals.

• Bury faeces in a shallow hole and replace the turf.

For the enthusiast ‌

Back on track with more recreational activities ‌

Mobility-vehicle access

Events

Separate guidance and codes have been produced for many activities that are covered under outdoor access legislation and the code.

These include the following: • Walking • Dog-walking • Mountain biking • Horse riding • Cattle and access • Paddling – canoe and kayak • Camping

What activities can I do?

Educational: ‘concerned with furthering a person’s understanding of the natural and cultural heritage’

What activities can I do?

Commercial: where the activities are the same as those done by the general public and for crossing over land or water.

Diverse activities including wide range of guided outdoor activities, outdoor skills training, tours and other services directly based on active pursuits e.g.: • • • • • • •

guided walking and climbing guided pony trekking and off-road biking commercial rafting and other paddlesports activities such as canyoning and sphereing guided photography or wildlife watching outdoor personal fitness training, and commercial dog walking.

Fitness clubs and personal training

Canyoning

Rafting

Guidance focuses on key requirements arising from Scottish access rights and the Code.

Guidance for event organisers, including: — liaising with land managers and others; — obtaining land managers’ permission; — considering the capacity of the location; — considering the safety of participants, spectators and others; — repairing any damage; — helping the local economy and; — putting something back into the outdoors.

Guidance for land managers: encouraging positive response to requests and giving consent (where required) with conditions that address any perceived issues (damage, litter, livestock disturbance etc)

What activities can I not do?

Access rights do not extend to: • being on or crossing land for the purpose of doing anything which is an offence - theft, poaching, allowing a dog to worry livestock etc.

• hunting, shooting or fishing; • any form of motorised recreation or passage (except by people with a disability using a vehicle or vessel adapted for their use); • anyone responsible for a dog which is not under proper control; • anyone taking away anything from the land for a commercial purpose.

Key principle 2: Care for the Environment

• Where can we go?

• What can we do there?

• When can we do it?

Any time of day or night …

Duties, Powers & Responsibilities of Local Authorities • To uphold access rights by asserting, protecting and keeping open and free from obstruction or encroachment any routes people exercise their access rights over; • To set up at least one local access forum to advise it on any matter to do with the exercise of access rights or the core paths plan, and to offer help in any dispute arising; • To prepare a core paths plan for its area, for a system of paths sufficient to give people reasonable access throughout its area;

• To review byelaws and amend these where necessary.

Rights of Way Definition:

“ A MORE OR LESS DEFINED ROUTE, PASSING FROM ONE PUBLIC PLACE TO ANOTHER, THAT HAS BEEN USED OPENLY & PEACEABLY

BY MEMBERS OF THE PUBLIC FOR A PERIOD OF 20 YEARS OR MORE, WITHOUT THE IMPLIED OR EXPRESSED PERMISSION OF THE LANDOWNER”

Where to Go In Lanarkshire? http://www.northlanarkshire.gov.uk/ http://www.southlanarkshire.gov.uk/

https://www.visitscotland.com/

http://www.northlanarkshire.gov.uk/countryside

North Lanarkshire Council Core Path Mapping

http://www.southlanarkshire.gov.uk/info/20 0166/getting_outdoors

South Lanarkshire Council Core Path Mapping

http://lvfmaps.southlanarkshire.gov.uk/LocalVi ewWeb/Sites/GWPubDefault/#

South Lanarkshire Council: online navigable mapping

Outdoor Access for Natural Play: Your Rights and Responsibilities Alan Bannister Access Development Officer South Lanarkshire Council